Gestamp West Virginia; Application for Permanent Variance and Interim Order; Grant of Interim Order; Request for Comments
| Published date | 05 August 2020 |
| Citation | 85 FR 47422 |
| Record Number | 2020-17019 |
| Section | Notices |
| Court | Labor Department,Occupational Safety And Health Administration |
Federal Register, Volume 85 Issue 151 (Wednesday, August 5, 2020)
[Federal Register Volume 85, Number 151 (Wednesday, August 5, 2020)]
[Notices]
[Pages 47422-47429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17019]
[[Page 47422]]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2019-0004]
Gestamp West Virginia; Application for Permanent Variance and
Interim Order; Grant of Interim Order; Request for Comments
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice.
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SUMMARY: In this notice, OSHA announces the application of Gestamp West
Virginia (Gestamp) for a permanent variance and interim order from the
provision of OSHA standards that regulate the control of hazardous
energy (lockout/tagout) and presents the agency's preliminary finding
to grant the permanent variance. OSHA also announces its grant of an
interim order in this notice. OSHA invites the public to submit
comments on the variance application to assist the agency in
determining whether to grant the applicant a permanent variance based
on the conditions specified in this notice of the application.
DATES: Submit comments, information, documents in response to this
notice, and requests for a hearing on or before September 4, 2020. The
interim order described in this notice became effective on August 5,
2020, and shall remain in effect until it is modified or revoked,
whichever occurs first.
ADDRESSES: Submit comments by any of the following methods:
Electronically: You may submit comments and attachments
electronically at: https://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit a copy of your comments and
attachments to the OSHA Docket Office, Docket No. OSHA-2019-0004,
Occupational Safety and Health Administration, U.S. Department of
Labor, Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210.
Deliveries (hand, express mail, messenger, and courier service) are
accepted during the Docket Office's normal business hours, 10:00 a.m.
to 3:00 p.m., ET.
Instructions: All submissions must include the agency name and OSHA
docket number (OSHA-2019-0004). All comments, including any personal
information you provide, are placed in the public docket without
change, and may be made available online at https://www.regulations.gov. Therefore, the agency cautions commenters about
submitting statements they do not want made available to the public, or
submitting comments that contain personal information (either about
themselves or others) such as Social Security Numbers, birth dates, and
medical data.
Docket: To read or download comments or other material in the
docket, go to https://www.regulations.gov or the OSHA Docket Office at
the above address. All documents in the docket (including this Federal
Register notice) are listed in the https://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download through the website. All submissions,
including copyrighted material, are available for inspection at the
OSHA Docket Office. Contact the OSHA Docket Office for assistance in
locating docket submissions.
Extension of comment period: Submit requests for an extension of
the comment period on or before August 20, 2020 to the Office of
Technical Programs and Coordination Activities, Directorate of
Technical Support and Emergency Management, Occupational Safety and
Health Administration, U.S. Department of Labor, 200 Constitution
Avenue NW, Room N-3653, Washington, DC 20210, or by fax to (202) 693-
1644.
FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor, telephone: (202) 693-1999;
email: [email protected].
General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, U.S. Department of Labor, phone:
(202) 693-2110 or email: [email protected].
I. Notice of Application
On July 30, 2018, Gestamp West Virginia, LLC (hereafter,
``Gestamp'' or ``the applicant''), 3100 MacCorkle Avenue SW, Building
307, South Charleston, WV 25303, submitted under Section 6(d) of the
Occupational Safety and Health Act of 1970 (``OSH Act''; 29 U.S.C. 655)
and 29 CFR 1905.11 (``Variances and other relief under section 6(d)'')
an application for a permanent variance from the provision of the OSHA
standard that regulates the control of hazardous energy (``lockout/
tagout'' or ``LOTO''), as well as a request for an interim order
pending OSHA's decision on the application for variance (OSHA-2019-
0004-0001) at the South Charleston, WV facility. Specifically, Gestamp
seeks a variance from the provision of the standard that requires: all
energy isolating devices needed to control the energy to the machine or
equipment shall be physically located and operated in a manner as to
isolate the machine or equipment from the energy source(s) (29 CFR
1910.147(d)(3)). Gestamp also requested an interim order pending OSHA's
decision on the variance application.
According to the application, Gestamp makes parts for the
automotive industry. Gestamp uses a Trumpf laser cell to trim excess
metal from automotive parts and burn holes into those parts. The laser
operates using a stream of monochromatic coherent light to emit very
high levels of energy to cut metal parts. The laser trimming process
occurs within a full enclosed machine (cell), which contains the laser
that is mounted to a multi-axis transport to allow the laser to cut at
a variety of angles; a turntable to load the rough parts to be cut
using the laser; a water chilling system used to cool the laser; and
numerous engineering controls that prevent unauthorized access to the
interior of the cell. When actuated, the turntable rotates to the
inside of the machine and presents the parts to the laser. The laser
system functions in a robotic manner, with fewer axes of motion to cut
the metal parts. The laser is managed by a Human Machine Interface
(HMI), an interface by which the operator inputs commands to and
receives information from the laser cell machine.
The laser trimming process creates a byproduct of chaff, dust,
dirt, chips, and slugs that must be cleaned from the machine enclosure
cell frequently to enable the laser to function properly. The cleaning
is performed by operators and/or maintenance personnel inside the cell
and involves sweeping up the byproducts and debris left on the floor of
the cell during the operation. These cleaning activities occur at the
end of each shift and typically require about 15 minutes to complete.
Gestamp asserts that without frequent cleaning, the laser system
would not function properly. Further, the applicant asserts that while
the laser has the capability of being de-energized and
[[Page 47423]]
isolated as required by OSHA and ANSI standards, frequent powering down
and locking out of the laser greatly reduces the performance and
overall life of the laser because it takes anywhere from 30 minutes to
several hours to power back up after being completely shut down, which
reduces the efficiency of the laser. The applicant notes that powering
down the laser to perform cleaning activities requires the addition of
auxiliary lighting, which would introduce extension cords and portable
lights, potentially creating tripping hazards in the cell as well as
shock hazards. Additionally, the applicant notes that the primary
electrical disconnects are not designed or intended for frequent
cycling and would increase the risk of arc flash hazards to the
employees.
OSHA initiated a preliminary technical review of Gestamp's variance
application and developed a set of follow-up questions regarding the
assertion that the alternative measures provide equivalent worker
protection. On March 15, 2019, Gestamp provided supplemental materials
to support the variance application including: a side by side analysis
of the requirement of the standard and the proposed alternative (OSHA-
2019-0004-0002), a safety work instruction outlining their proposed
alternative (OSHA-2019-0004-0003) and a description of Gestamp's
Lockout/Tagout Program (OSHA-2019-0004-0004). In reviewing the
application, OSHA evaluated the alternative work practices identified
in the variance application, and the supplemental materials provided by
Gestamp.
Following this review, OSHA determined that Gestamp proposed an
alternative that will provide a workplace as safe and healthful as that
provided by OSHA's existing standard. As a result, OSHA is granting
Gestamp an interim order to permit the company to continue work while
OSHA continues to consider the application for a permanent variance.
II. The Variance Application
A. Background
Gestamp's variance application and the responses to OSHA's follow-
up questions include the following: Detailed descriptions of the laser
cutting process; the equipment used in the laser cutting process; the
proposed alternative to completely isolating the laser during cleaning
activities; and technical evidence supporting Gestamp's assertions that
the alternative methods provide equivalent worker protection.
According to the information included in the application, Gestamp's
laser is considered a Class 4 operation. Class 4 operations are defined
by the American National Standards Institute (ANSI) as ``very dangerous
to the eyes and skin, with a risk of fire and explosion.\1\ No workers
are allowed inside the laser cell while the laser is being used.
Instead, the operator's station is located outside of the laser cell
and the operator uses hand controls to activate the laser turntable.
The laser cutting system is a fully enclosed structure, with the laser
operating similar to a robot. The laser is affixed to the end of an arm
tooling within this fixed structure. Stamped parts are loaded into the
cell and unloaded from the cell structure via a turntable from outside
of the laser cell. When actuated, the turntable rotates to the inside
of the machine and presents the parts to the laser. The turntable
cannot rotate until the operator clears the light curtain, which is
used as a safeguard blocking access between the turntable and the
operator's station.
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\1\ ANSI B11.21 and ANSI Z136.1.
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As noted above, the laser trimming process creates a byproduct of
chaff, dust, direct, chips, slugs and debris, and the laser system must
be cleaned to enable the laser to function properly. The laser cell has
access doors to enable cleaning and certain other necessary tasks to be
performed inside the cell. The access doors utilize interlocked
switches that disable hazardous motion of the turntable and laser
energy when opened.
The machine enclosure of the Trumpf Laser Cell is protected by two
entry/exit points: a far access door and a near access door. Each
access door has an interlock switch that is integrated into the laser
and machinery motions. When the door to the laser cell is opened, the
release of laser energy is inhibited and the machine axes cannot move.
Further, Gestamp added red mechanical latches (hasps) to the external
side of each entry door that allow a lock or a group lockout hasp or
lock to be affixed, thus locking the hatch in its location.
In addition, Gestamp has implemented procedures to prevent the door
from closing during laser cell cleaning activities, which could actuate
the system. Gestamp requires all personnel entering the laser cell to
individually lockout by placing their individual lock on the slide bar.
Each associate entering the laser cell must remove their own personal
key from their individual lock or hasp, take the key into the cell, and
keep the key in their possession the entire time they are in the laser
cell. If more than one associate enters the cell, one of the associates
shall be designated the LEADER of the cleaning crew. The LEADER can
only remove their lock, once they have verified that everyone else in
the cleaning crew has left the laser cell.
Gestamp contends that the alternative safety measures included in
the application provide the workers with a place of employment that is
at least as safe and healthful as they would obtain under the existing
provisions of OSHA's control of hazardous energy (lockout/tagout)
standard. Gestamp certifies that it provided employee representatives
of affected workers with a copy of the variance application. Gestamp
also certifies that it notified the workers of the variance application
by posting, at prominent locations where it normally posts workplace
notices, a summary of the application and information specifying where
the workers can examine a copy of the application. In addition, the
applicant informed the workers and their representatives of their
rights to petition the Assistant Secretary of Labor for Occupational
Safety and Health for a hearing on the variance application.
B. Variance From 29 CFR 1910.147(d)(3)
As an alternative means of complying with the requirements of
1910.147(d)(3), Gestamp is proposing to use a comprehensive engineered
system and appropriate administrative procedures. The applicant
references the co-authored standard as written by ANSI and the American
Society of Safety Engineers (ASSE) Z244.1-2016, clause 8, which states
that ``Lockout or tagout shall be used unless the user can demonstrate
an alternative method will provide effective protection by persons.
When lockout or tagout is not used, then alternative methods shall be
used only after the hazards have been assessed and risks documented''
as the basis for their alternative lockout method. Gestamp asserts in
the Variance application that the cleaning task within the Trumpf laser
cell is one that requires access to the machine in a manner that
renders full lockout infeasible. Because the Trumpf laser cell is a
Class 4 operation, no one is allowed inside the machine enclosure
during laser operations. Because the cleaning task occurs on a frequent
basis, Gestamp asserts in the Variance application that regular
powering down and locking out of the laser to perform the routine
cleaning operations could damage the laser over time. Further, full
lockout of the laser cell requires the use of auxiliary lighting
sources, which could introduce fall and
[[Page 47424]]
shock hazards into the cleaning operation. Additionally, the design of
the Trumpf laser cell includes advanced control systems that prevent
engagement of the laser while the laser cell is occupied. As an
alternative lockout method, Gestamp has developed an engineered system
that uses red mechanical latches attached to the external side of each
door of the laser cell. The latches are secured to the frame of the
machine with two metal screws and have a locking capacity that allows a
lock or a group lockout hasp to be affixed; this latch prevents the
door from closing and the laser from being able to be energized during
laser cell cleaning operations.
Gestamp maintains that use of the proposed latch system provides a
level of safety equivalent to what can be achieved by strict compliance
with the standard at 1910.147(d)(3). According to Gestamp's variance
application, equivalent safety is achieved by prohibiting the release
of laser energy during cleaning operations utilizing a modified door
latch that prevents unintentional re-energization of the laser.
Process To Enter Trumpf Laser Cell To Perform Cleaning Activities
1. Communicate to the Operator and Co-Workers in the area that
cleaning will take place. At the Human Machine Interface (HMI) screen,
change the Series Production from ``Continuous Job'' to ``Single Job.''
Once the turntable has come to a complete stop, open one of the doors
on the side of the laser cell by using the handle.
2. After the door is open, communicate the lockout to co-workers
and move the red slide bar to prevent the door from being shut while
inside. All personnel entering the laser cell must individually
lockout, by placing their individual lock on the slide bar or hasp. If
more than one person is to enter on either side, a lockout hasp must be
used.
3. After locking out on the laser cell, verify that ``Feed Hold
Through Safety Device Error'' is displayed on the HMI screen.
4. To verify that the turntable will not move while working inside
of the laser cell, hit the green activation button. Associates can
enter the Laser Cell only after these four (4) steps are completed.
5. When work is completed inside the laser cell, all associates who
entered the cell, except the LEADER when more than one associate
entered, shall exit and remove their individual locks. Once all other
associates are outside of the laser cell, the LEADER must verify their
location and hit the Danger Zone Acknowledge Button, on the inside of
the cell door. The Leader must immediately exit the cell, remove their
lock, move the slide bar back to allow the door to shut, and shut the
door.
6. Once cleaning of the laser cell is complete and all employees
are clear of the restricted area, place the laser HMI back into
production by placing the Series Production from ``Single Job'' to
``Continuous Job.''
7. After the HMI has been released to production, put a part on the
fixture and reset the light curtains by pressing the green button.
Process To Restart Trumpf Laser Cell After Door Is Opened
1. Remove all padlocks from mechanical latch from the far access
door.
2. Open the mechanical latch.
3. Visually inspect area for the presence of persons or tools.
4. Close the far machine enclosure door.
5. Walk to near access door.
6. Remove all padlocks from mechanical latch from the near access
door.
7. Open the mechanical latch.
8. Visually inspect area for the presence of persons or tools.
9. Press the reset switch on inside of machine enclosure.
10. Close door within 3-4 seconds of pressing reset switch.
11. Turn key switch on the HMI to enable operations.
12. Engage HMI to activate laser.
13. Enable continuous mode operation (push button) within HMI.
The proposed door latch system cannot be easily tampered with or
defeated. Gestamp asserts that this alternative meets the requirements
for control reliability as stated in ANSI B11.0 and ANSI Z244.1, in
that no single fault of a component, wire, device or other element will
result in the loss of the safety function.\2\ According to the Variance
application, in the event of a fault, the laser will achieve a safe
state by inhibiting lasing, machine motions, and the release of
hazardous energy. In addition, the system includes system fault
monitoring, tamper resistance, and exclusive employee control over
lockout devices. The Trumpf laser machine enclosure has a door
interlock switch that is integrated to the laser and machinery motions.
When the door to the laser cell is open, the release of laser energy is
inhibited and the machine axes cannot move, therefore the laser will
not operate.
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\2\ ANSI B11.0 defines control reliability as the capability of
the [machine] control system, the engineering control devices, other
control components and related interfacing to achieve a safe state
in the event of a failure within the safety-related parts of the
control system.
ANSI 244 defines control reliability as the capability of the
machine, equipment or process control system, the safeguarding,
other control components and related interfacing to achieve a safe
state in the event of a failure within their safety-related
functions.
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To enhance the lockout functions of the Trumpf laser cell, Gestamp
added red mechanical latches to the external side of each entry door to
the laser cell. The lockable interface switches, used with the
mechanical latches are designed to be used as lockable devices. The
circuitry of the lockable interlock switches inhibit both machinery
motions and laser energy release with the Trumpf enclosure door
switches and will not operate when disengaged.
C. Technical Review
OSHA conducted a review of Gestamp's application and the supporting
technical documentation. After completing that review, OSHA concludes
that Gestamp:
1. Modified the access door with red mechanical latches with a
slide bar to prevent the door from being closed while cleaning
activities are performed within the laser cell;
2. Installed a personal lock control system and implemented
administrative energy control procedures that prevent employee exposure
to hazards associated with energy while performing cleaning activities
within the laser cell;
3. Performed a job hazard analysis for tasks associated with
cleaning the laser cell and conducted and documented an electrical
isolation analysis, system and functional safety reviews, and control
reliability analysis to verify that the use of the latch system and
administrative energy control procedures prevent the closure of the
doors to the laser cell; prevent mistaken or intentional re-
energization, and maintain immobility in the event of fault conditions;
4. Developed detailed administrative energy control procedures for
entering the laser cell to perform cleaning functions and distinguished
these work procedures from other tasks that require full lockout;
5. Implemented detailed administrative energy control procedures
designed to ensure that each authorized employee applies a personal
lock to the secondary group lock box;
6. Made the administrative energy control policies and procedures
available to employees;
7. Trained authorized and affected employees on the application of
the proposed alternative work practice and
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associated administrative energy control policies and procedures; and
8. Developed a LOTO procedure which includes administrative
controls to minimize the potential for authorized and affected
employees to enter the laser cell when harm could occur.
After the technical review identified above, OSHA concludes that
Gestamp has established an alternative work practice that provides
workers protection equivalent to that required of the standard.
Specifically, the LOTO process for the Trumpf laser cell identified in
the Variance application, regulates the control of hazardous energy
from the laser during cleaning and maintenance activities.
III. Description of the Conditions Specified by the Interim Order and
the Application for a Permanent Variance
This section describes the alternative means of compliance with 29
CFR 1910.147. These conditions form the basis of the interim order and
Gestamp's application for a permanent variance.\3\
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\3\ In these conditions, the present tense form of the verb
(e.g., ``must'') pertains to the interim order, while the future
conditional form of the verb (e.g., ``would'') pertains to the
application for a permanent variance (designated as ``permanent
variance'').
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Proposed Condition A: Scope
The scope of the interim order/proposed permanent variance would
limit coverage to the work conditions specified under this proposed
condition. Clearly defining the scope of the proposed permanent
variance provides Gestamp, Gestamp's employees, potential future
applicants, other stakeholders, the public, and OSHA with necessary
information regarding the work situations in which the proposed
permanent variance would apply. To the extent that Gestamp exceeds the
defined scope of this variance, it would be required to comply with
OSHA's standards.
Pursuant to 29 CFR 1905.11, an employer (or class or group of
employers) \4\ may request a permanent variance for a specific
workplace or workplaces. If OSHA approves a permanent variance, it
would apply only to the specific employer(s) that submitted the
application and only to the specific workplace or workplaces designated
as part of the project. In this instance, if OSHA were to grant a
permanent variance, it would only apply to the applicant, Gestamp, and
only at the South Charleston, WV plant and no other employers or any
other Gestamp plant locations.
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\4\ A class or group of employers (such as members of a trade
alliance or association) may apply jointly for a variance provided
an authorized representative for each employer signs the application
and the application identifies each employer's affected facilities.
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Proposed Condition B: Duration
The interim order is only intended as a temporary measure pending
OSHA's decision on the permanent variance, so this condition specifies
the duration of the Order. If OSHA approves a permanent variance, it
would specify the duration of the permanent variance.
Proposed Condition C: List of Abbreviations
Proposed Condition C defines a number of abbreviations used in the
proposed permanent variance. OSHA believes that defining these
abbreviations serves to clarify and standardize their usage, thereby
enhancing the applicant's and the employees' understanding of the
conditions specified by the proposed permanent variance.
Proposed Condition D: List of Definitions
The proposed permanent variance includes definitions for a series
of terms. Defining these terms serves to enhance the applicant's and
the employees' understanding of the conditions specified by the
proposed permanent variance.
Proposed Condition E: Safety and Health Practices
This proposed condition requires the applicant to: (1) Modify
certain controls at the entry door to the laser cell by ensuring that
exclusive control is provided by each employee involved in cleaning
activities within the machine; (2) utilize a latch with a slide bar,
designed to prevent the door from closing; and (3) ensure that the
opening to the door to the laser cell shuts down the machinery in the
cell.
Proposed Condition F: Steps Required To De-energize the System
This proposed condition requires the applicant to develop and
implement a detailed procedure for de-energizing the laser cell in
order to perform cleaning and maintenance activities within the laser
cell. The procedure for de-energizing the laser cell includes a series
of steps to ensure that all authorized and affected employees would be
notified that cleaning, service or maintenance would be performed in
the laser cell.
Proposed Condition G: Steps Required To Re-Energize the Laser Cell
This proposed condition requires the applicant to develop and
implement a detailed procedure for re-energizing the laser cell in
order to resume normal laser cutting operations. The procedure for re-
energizing the laser cell would include a series of steps to ensure
that all authorized and affected employees would be notified that
cleaning activities within the laser cell are complete and that the
laser cell is ready for normal use.
Proposed Condition H: Communication
This proposed condition requires the applicant to develop and
implement an effective system of information sharing and communication.
Effective information sharing and communication are intended to ensure
that affected workers receive updated information regarding any safety-
related hazards and incidents, and corrective actions taken, prior to
the start of each shift. The proposed condition also requires the
applicant to ensure that reliable means of emergency communications are
available and maintained for affected workers and support personnel
during laser cleaning activities. Availability of such reliable means
of communications would enable affected workers and support personnel
to respond quickly and effectively to hazardous conditions or
emergencies that may develop during laser cleaning operations.
Proposed Condition I: Worker Qualification and Training
This proposed condition requires Gestamp to develop and implement
an effective hazardous energy control qualification and training
program for authorized employees involved in cleaning activities in or
around the laser cell. Additionally, proposed condition G requires
Gestamp to train each affected employee in the purpose and use of the
alternative energy control procedures.
The proposed condition specifies the factors that an affected
worker must know to perform maintenance and cleaning operations inside
the laser cell, including how to enter, work in, and exit from the
laser cell under both normal and emergency conditions. Having well-
trained and qualified workers performing laser cleaning activities is
intended to ensure that they recognize, and respond appropriately to,
electrical safety and health hazards. These qualification and training
requirements enable affected workers to cope effectively with
emergencies, thereby preventing worker injury, illness, and fatalities.
Proposed Condition J: Inspections, Tests, and Accident Prevention
Proposed condition H requires the applicant to develop, implement,
and
[[Page 47426]]
operate an effective program of frequent and regular inspections of the
laser equipment, electrical support systems, and associated work areas.
Condition J would help to ensure the safe operation and physical
integrity of the equipment and work areas necessary to conduct cleaning
operations in laser cells.
This condition also requires the applicant to conduct tests,
inspections, corrective actions and repairs involving the use of the
energy isolation devices identified in the application for a permanent
variance. Further, this requirement provides the applicant with
information needed to schedule tests and inspections to ensure the
continued safe operation of the equipment and systems and to determine
that the actions taken to correct defects are appropriate.
Proposed Condition K: Recordkeeping
Under OSHA's existing recordkeeping requirements in 29 CFR part
1904, Gestamp must maintain a record of any recordable injury, illness,
or fatality (as defined by 29 CFR part 1904) resulting from exposure of
an employee to electrical conditions by completing OSHA Form 301
Incident Report and OSHA Form 300 Log of Work Related Injuries and
Illnesses. The applicant did not seek a variance from this standard and
therefore must comply fully with those requirements.
Proposed Condition L: Notifications
Under the proposed condition, the applicant is required, within
specified periods of time, to notify OSHA of: (1) Any recordable
injury, illness, in-patient hospitalization, amputation, loss of an
eye, or fatality that occurs as a result of cleaning activities around
the laser cell; (2) provide OSHA a copy of the incident investigation
report (using OSHA Form 301 Injury and Illness Incident Report) of
these events within 24 hours of the incident; (3) include on OSHA Form
301 Injury and Illness Incident Report information on the conditions
associated with the recordable injury or illness, the root-cause
determination, and preventive and corrective actions identified and
implemented; (4) provide the certification that affected workers were
informed of the incident and the results of the incident investigation;
(5) notify OSHA's Office of Technical Programs and Coordination
Activities (OTPCA) and the Charleston, WV OSHA Area Office within 15
working days should the applicant need to revise the procedures to
accommodate for any changes in laser cell cleaning or maintenance
activities that affect Gestamp's ability to comply with the conditions
of the proposed permanent variance; (6) provide OTPCA and the
Charleston, WV Area Office within 15 working days should the applicant
need to revise the energy isolation procedures to accommodate changes
in the application of the door switch that affect/would affect the
ability to comply with the conditions of the proposed permanent
variance; and (7) provide OTPCA and the Charleston, WV Area Office, by
January 31st at the beginning of each calendar year, with a report
evaluating the effectiveness of the alternate energy isolation program
in the previous calendar year.
Additionally, Gestamp must notify OSHA if it ceases to do business,
has a new address or location for the main office, or transfers the
operations covered by the proposed permanent variance to a successor
company. In addition, the transfer of the permanent variance to a
successor company must be approved by OSHA. These requirements allow
OSHA to communicate effectively with the applicant regarding the status
of the proposed permanent variance and expedite the agency's
administration and enforcement of the permanent variance. Stipulating
that an applicant is required to have OSHA's approval to transfer a
variance to a successor company provides assurance that the successor
company has knowledge of, and will comply with, the conditions
specified by proposed permanent variance, thereby ensuring the safety
of workers involved in performing the operations covered by the
proposed permanent variance.
IV. Grant of Interim Order, Proposal for Permanent Variance, and
Request for Comment
OSHA hereby announces the preliminary decision to grant an interim
order allowing Gestamp to perform cleaning operations in the laser
cell, subject to the conditions that follow in this document. This
interim order will remain in effect until the agency modifies or
revokes the interim order or makes a decision on Gestamp's application
for a permanent variance. During the period starting with the
publication of this notice until the agency modifies or revokes the
interim order or makes a decision on the application for a permanent
variance, Gestamp is required to comply fully with the conditions of
the interim order as an alternative to complying with the following
requirements of 29 CFR 1910.147(d)(3).
In order to avail itself of the interim order, Gestamp must: (1)
Comply with the conditions listed in the interim order for the period
starting with the grant of the interim order and until the agency
modifies or revokes the interim order or makes a decision on Gestamp's
application for a permanent variance; (2) comply fully with all other
applicable provisions of 29 CFR part 1910.147 aside from section
1910.147(d)(3); and (3) provide a copy of this Federal Register notice
to all employees affected by the proposed conditions, using the same
means it used to inform these employees of the application for a
permanent variance.
OSHA is also proposing that the same requirements would apply to a
permanent variance if OSHA ultimately issues one for this employer.
OSHA requests comment on those conditions as well as OSHA's preliminary
determination that the specified alternatives and conditions would
provide a workplace as safe and healthful as those required by the
standard from which a variance is sought. After reviewing the comments,
OSHA will publish in the Federal Register the agency's final decision
approving or rejecting the request for a permanent variance.
V. Specific Conditions of the Interim Order and the Application for a
Permanent Variance
The following conditions apply to the interim order OSHA is
granting to Gestamp. These conditions specify the alternative means of
compliance with the requirements of paragraph 29 CFR 1910.147(d)(3). To
simplify the presentation of the conditions, OSHA generally refers only
to the conditions of the proposed permanent variance, but the same
conditions apply to the interim order except where otherwise noted.\5\
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\5\ In these conditions, OSHA is using the future conditional
form of the verb (e.g., ``would''), which pertains to the
application for a permanent variance (designated as ``permanent
variance'') but the conditions are mandatory for purposes of the
interim order.
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These conditions would apply with respect to all employees of
Gestamp engaged in cleaning activities of this Trumpf laser cell:
A. Scope
The interim order applies, and the permanent variance would apply,
only to the task of performing cleaning and maintenance activities at
Gestamp. The interim order and proposed variance apply only to work:
1. That occurs at Gestamp West Virginia LLC, 3100 MacCorkle Avenue
SW, Building 307, South Charleston, WV 25303; and
[[Page 47427]]
2. Is performed in compliance with all other applicable provisions
of 29 CFR 1910.147.
Additionally,
1. No other servicing and/or maintenance work, including electrical
maintenance (such as troubleshooting or maintenance covered under 29
CFR 1910.333), may be performed using the conditions of this interim
order. These activities are to be performed under full lockout as
required by 29 CFR 1910.147.
2. Except for the requirements specified by 29 CFR 1910.147(d)(3),
Gestamp must comply fully with all other applicable provisions of 29
CFR 1910.147 during cleaning activities of the laser cell.
B. Duration
The Interim Order is only intended as a temporary measure pending
OSHA's decision on the Permanent Variance, so this condition specifies
the duration of the Order. If OSHA approves a Permanent Variance, it
would specify the duration of the Permanent Variance.
C. List of Abbreviations
Abbreviations used throughout this proposed permanent variance
would include the following:
1. CFR--Code of Federal Regulations;
2. JHA--Job hazard analysis;
3. HMI--Human Machine Interface;
4. OSHA--Occupational Safety and Health Administration; and
5. OTPCA--Office of Technical Programs and Coordination Activities.
D. Definitions
The following definitions would apply to this proposed permanent
variance. These definitions would supplement the definitions in
Gestamp's application for permanent variance.
1. Affected employee or worker--an employee or worker who is
affected by the conditions of this proposed permanent variance, or any
one of his or her authorized representatives. The term ``employee'' has
the meaning defined and used under the Occupational Safety and Health
Act of 1970 (29 U.S.C. 651 et seq.).
2. Competent person--an individual who is capable of identifying
existing and predictable hazards in the surroundings or working
conditions that are unsanitary, hazardous, or dangerous to employees,
and who has authorization to take prompt corrective measures to
eliminate them.
3. Energy isolating device--a mechanical device that physically
prevents the transmission or release of energy, including but not
limited to the following: A manually operated electrical circuit
breaker; a disconnect switch; a manually operated switch by which the
conductors of a circuit can be disconnected from all ungrounded supply
conductors, and, in addition, no pole can be operated independently; a
line valve; a block; and any similar device used to block or isolate
energy. Push buttons, selector switches and other control circuit type
devices are not energy isolating devices.
4. Job hazard analysis--an evaluation of tasks or operations to
identify potential hazards and to determine the necessary controls.
5. Lockout--the placement of a lockout device on an energy
isolating device, in accordance with an established procedure, ensuring
that the energy isolating device and the equipment being controlled
cannot be operated until the lockout device is removed.
6. Lockout device - a device that utilizes a positive means such as
a lock, either key or combination type, to hold an energy isolating
device in the safe position and prevent the energizing of a machine or
equipment. Included are blank flanges and bolted slip blinds.
7. Personal lock and key--a durable, standardized substantial and
uniquely identified device (a lock) that is maintained and controlled
by a single authorized employee whose name is attached to the device.
The key is unique to the device and is equally maintained and
controlled by the authorized employee \6\ whose name is attached to the
device.
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\6\ See 29 CFR part 1910 [Docket No. S-012A], RIN 1218-AA53.
Control of Hazardous Energy Sources (Lockout/Tagout), regarding
``one person, one lock, one key.''
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8. Qualified person--an individual who, by possession of a
recognized degree, certificate, or professional standing, or who, by
extensive knowledge, training, and experience, successfully
demonstrates an ability to solve or resolve problems relating to the
subject matter, the work.
9. Servicing and/or maintenance--workplace activities such as
constructing, installing, setting up, adjusting, inspecting, modifying,
and maintaining and/or servicing machines or equipment. These
activities include lubrication, cleaning or unjamming of machines or
equipment and making adjustments or tool changes, where the employee
may be exposed to the unexpected energization or startup of the
equipment or release of hazardous energy.
10. Tagout--the placement of a tagout device on an energy isolating
device, in accordance with an established procedure, to indicate that
the energy isolating device and the equipment being controlled may not
be operated until the tagout device is removed.
E. Safety and Health Practices
1. Gestamp will modify the latch doors of the Trumpf laser cell to
prevent employee exposure to hazards associated with the cleaning of
the laser cell;
2. Gestamp will continue to use a door switch to prevent engagement
of the laser while the laser cell door is open;
3. Gestamp will implement the safety and health instructions
included in the manufacturer's operations manuals for the Trumpf laser
cell, and the safety and health instructions provided by the
manufacturer for the operation of laser cutting equipment; and
4. Gestamp will implement a procedure to ensure that no other
servicing and/or maintenance will be performed on the laser cutter,
unless full lockout is used.
F. Steps Required To De-Energize the System
Gestamp will develop and implement a detailed procedure for de-
energizing the laser cutting machine that will include the following
steps to ensure that the laser cell door is prevented from closing and
the machine from starting:
1. The authorized employee entering the laser cell will communicate
to the operator and co-workers in that area that cleaning will take
place;
2. At the HMI screen, change the Series Production from
``Continuous Job'' to ``Single Job'';
3. Once the turntable has come to a complete stop, open one of the
doors on the side of the laser cell by using the handle;
4. After the door is open, communicate the lockout to the co-
workers and move the red slide bar to prevent the door to the laser
cell from being shut while inside;
5. All personnel entering the laser cell must individually lockout,
by placing a lock on the slide bar or hasp. If more than one person is
to enter on either side, a lockout hasp must be used;
6. Each employee entering the cell must remove their own personal
key from the lock or hasp, take the key into the cell, and keep the key
in their possession the entire time they are in the cell;
7. If more than one employee enters the laser cell, one of the
employees shall be designated the leader of the cleaning operation;
8. After locking out the laser cell, verify that the ``Feed Hold
Through Safety Device Error'' is displayed on the HMI screen; and
[[Page 47428]]
9. To verify that the turntable will not move while working inside
of the laser cell, hit the green activation button. If the machine does
not start up, then entry can be made.
G. Steps Required To Start Motion Intentionally
Gestamp will develop and implement a detailed procedure for re-
energizing and intentionally starting motion in the laser cutter in
order to resume normal operations at the conclusion of the cleaning
operation. The procedure for re-energizing the laser cell passes will
include the following steps:
1. When work is completed inside the laser cell, all associates
that entered the cell, except the leader (when more than one employee
entered), shall exit and remove their locks;
2. Open the mechanical latch;
3. Visually inspect the area for the presence of persons or tools
within the laser cell;
4. Once all other employees are outside of the laser cell, the
leader must verify their location and hit the Danger Zone Acknowledge
Button on the inside of the cell door;
5. The leader must exit immediately, remove their lock, move the
slide bar back to allow the door to shut, and shut the door. The door
must shut within 3-4 seconds of hitting the Danger Zone Acknowledge
Button;
6. Once the cleaning operation is complete and employees are clear
of the restricted area, place the laser HMI back into production by
placing the Series Production from ``Single Job'' to ``Continuous
Job''; and
7. After the HMI has been released to production, put a part on the
turntable and reset the light curtains by pressing the green button.
Both entry doors to the laser cell must be closed before operations
can resume. The 3-4 second limitation ensures that no entry or re-entry
into the machine enclosure can be made between the visual inspection
and restart (no one can inadvertently slip into the machine enclosure
during the restart process).
H. Communication
Gestamp would have to:
1. Implement a system that informs workers using energy isolation
devices of any hazardous occurrences or conditions that might affect
their safety; and
2. Provide a means of communication among affected workers and
support personnel in energy isolation where unassisted voice
communication is inadequate.
I. Worker Qualifications and Training
Gestamp will develop and implement a detailed worker qualification
and training program. Gestamp must:
1. Develop an energy control training program and train each
authorized employee on the latch system, and the procedures required
under it;
2. Develop and document a training program and train each affected
employee in the purpose and use of the alternative energy control
procedures using the latch system;
3. Develop a training program and train other employees whose work
operations are or may be in an area where energy control procedures may
be utilized. These employees will receive training about the procedure
and about the prohibition relating to attempts to restart or reenergize
machines or equipment that are locked out.
4. Ensure that each authorized employee, affected employee, and
other employees has effective and documented training in the contents
and conditions covered by this proposed variance and interim order; and
5. Ensure that only trained and authorized employees perform energy
control procedures for the task of performing cleaning of the laser
cell at Gestamp's facility.
J. Inspections, Tests, and Accident Prevention
1. Gestamp will develop and implement a detailed program for
completing inspections, tests, program evaluations and incident
prevention. Gestamp must:
(a) Ensure that a competent person (authorized employee) conducts
daily visual checks and monthly inspections and functionality tests of
the laser cell components and configuration or operation and energy
control procedures that ensure that the procedure and conditions of
this proposed variance and interim order are being followed;
(b) Ensure that a competent person conducts weekly inspections of
the work areas associated with the cleaning of the laser cell; and
(c) Develop a set of checklists to be used by a competent person in
conducting weekly inspections of the energy control procedures used
while performing cleaning activities at the laser cell.
2. Remove from service any equipment that constitutes a safety
hazard until Gestamp corrects the hazardous condition and has the
correction approved by a qualified person.
3. Gestamp would have to maintain records of all tests and
inspections of the laser cell, as well as associated corrective actions
and repairs, at the job site for the duration of the variance. Where
available, the maintenance, servicing, and installation of replacement
parts must strictly follow the manufacturer's specifications,
instructions, and limitations.
K. Recordkeeping
In addition to completing OSHA's Form 301 Injury and Illness
Incident Report and OSHA's Form 300 Log of Work-Related Injuries and
Illnesses in the case of injuries that result from cleaning the laser
cell, Gestamp would have to maintain records of:
1. All tests and inspections of the energy control procedures, as
well as associated hazardous condition corrective actions and repairs.
L. Notifications
To assist OSHA in administering the conditions specified herein,
Gestamp would have to:
(1) Notify the OTPCA and the Charleston, WV Area Office of any
recordable injury, illness, or fatality (by submitting the completed
OSHA Form 301 Injuries and Illness Incident Report).\7\
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\7\ See footnote 10.
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(2) Provide certification to the Charleston, WV Area Office within
15 working days of the incident that Gestamp informed affected workers
of the incident and the results of the incident investigation
(including the root-cause determination and preventive and corrective
actions identified and implemented).
(3) Notify OTPCA and the Charleston, WV Area Office within 15
working days and in writing, of any change in the laser cell cleaning
operations that affects Gestamp's ability to comply with the proposed
conditions specified herein.
(4) Obtain OSHA's approval prior to implementing the proposed
change in the energy control operations that affects Gestamp's ability
to comply with the conditions specified herein.
(5) To assist OSHA in administering the proposed conditions
specified herein, inform the OTPCA and the Charleston, WV Area Office
as soon as possible, but no later than seven (7) days, after it has
knowledge that it will:
(i) Cease doing business;
(ii) Change the location and address of the main office for
managing the tunneling operations specified herein; or
(iii) Transfer the operations specified herein to a successor
company.
(6) Notify all affected employees of this proposed Permanent
variance by
[[Page 47429]]
the same means required to inform them of the application for a
Variance.
(7) OSHA would have to approve the transfer of the proposed
Permanent variance to a successor company.
OSHA will publish a copy of this notice in the Federal Register.
VI. Authority and Signature
Loren Sweatt, Principal Deputy Assistant Secretary of Labor for
Occupational Safety and Health, Washington, DC 20210, authorized the
preparation of this notice. Accordingly, the agency is issuing this
notice pursuant to Section 29 U.S.C. 655(6)(d), Secretary of Labor's
Order No. 1-2012 (77 FR 3912, Jan. 25, 2012), and 29 CFR 1905.11.
Signed at Washington, DC, on July 30, 2020.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety
and Health.
[FR Doc. 2020-17019 Filed 8-4-20; 8:45 am]
BILLING CODE 4510-26-P
